Most states give their governors extraordinary powers in an emergency to protect the public’s health and safety when there is no time for legislative action. These emergency powers may be crucial in uncertain times, including pandemics, but their use must be time-limited and respectful of constitutional rights.

Unlimited, dictatorial rule cannot be allowed to continue indefinitely.

PLF is working with legislatures and in courtrooms across the country to place safeguards on emergency powers and restore constitutional government.

foreclosure

PLF is working with legislatures and in courtrooms across the country to place safeguards on emergency powers and restore constitutional government.

State Emergency Powers Statutes

Read more on PLF’s Recommendations for Principled Reform

January 3, 2024

Dr. Drew interviews PLF's Joe Luppino-Esposito

Dr. Drew talks to Joe Luppino-Esposito, the deputy legal policy director at Pacific Legal Foundation and discusses how executive orders and emergency powers enable unelected government agencies to byp…

May 24, 2023

Reason: The Perils of 'Rule by Indefinite Emergency Edict'

Supreme Court Justice Neil Gorsuch highlights a vital lesson from the COVID-19 pandemic.

February 23, 2023 | By ELIZABETH SLATTERY

SCOTUSblog: When the president takes lawmaking matters into his own hands, the court must step in

Frustrated by a Congress that can’t or won’t accede to their preferred policies, presidents turn to executive orders and executive agencies to achieve their goals.

November 23, 2022 | By WILL YEATMAN

The Detroit News: Supreme Court must curb president’s expansive power

Arbitrary government has no place in our constitutional order. Yet many of today’s most significant federal policies reflect blatant abuses of presidential discretion.

June 20, 2022 | By DANIEL ORTNER

The Hill: Rein in the governors

If we’ve learned anything in the past few years, it’s that emergency power is easily abused. During the COVID-19 pandemic, governors across the country claimed unprecedented power to combat the vi…

March 18, 2022 | By LUKE WAKE

The Hill: After two long years, it’s past time to end Newsom’s emergency powers

In March 2020, California Gov. Gavin Newsom declared a statewide public health emergency in response to the COVID-19 pandemic, allowing him to issue lockdown orders and close businesses however he saw…

January 27, 2022

"Prohibition"

In Prohibition, this short documentary film from the Pacific Legal Foundation, Goodwood Brewing Company CEO Ted Mitzlaff and others explain how small businesses have been destroyed by governors’ con…

January 18, 2022 | By JESSICA THOMPSON

Carolina Journal: Why we’re still fighting Gov. Cooper

Crystal Waldron and Club 519 were shuttered for almost a year due to economic favoritism. She suffered through six months of discriminatory treatment — watching former customers have drinks at her d…

January 18, 2022 | By DANIEL ORTNER

Issues & Insights: Cuomo’s many abuses show why the separation of powers matter

During the COVID-19 pandemic, former New York Governor Andrew Cuomo was breathlessly heralded as “the politician of the moment” and the “authoritative voice in the crisis.” His press briefings…

January 10, 2022 | By TODD GAZIANO

The Hill: Congressional action shows OSHA vaccine mandate is a bald-faced power grab

Presidents of both parties wrongly have expanded the unilateral executive policy playbook, but President Biden and House Speaker Nancy Pelosi (D-Calif.) are still teaching a master class in unaccounta…

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